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Madras High CourtCRL OP(MD)/18212/2016ordered

S.Chandrsekaran v. The Inspector Of Police,

2016-09-23Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.18212 of 2016 1 S.CHANDRSEKARAN 2 KRISHNAKUMARI ... PETITIONERS/ACCUSED No.1,2 Vs THE INSPECTOR OF POLICE, VADIPATTY POLICE STATION, VADIPATTY, MADURAI DISTRICT.

(CRIME NO.458 OF 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.RAMASAMY Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners, who are arrayed as accused, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 147, 148, 341, 427 and 506(ii) IPC and Section 4 of TNPPDL Act, in Crime No.458 of 2016, on the file of the respondent police.

2.The prosecution allegation is that the first petitioner and 25 others illegally trespassed into the defacto complainant's property and caused damage to the tune of Rs.20,000/- and the first petitioner and defacto complainant are brothers. 3.The learned counsel for the petitioners submits that the first petitioner is a qualified engineer retired from TNEB and the second petitioner is a school teacher working at Government Higher Secondary School, Vadipatty. Having repeatedly lost cases before the civil forum, the defacto complainant has preferred the false complaint.

4.Heard the learned Government Advocate (Crl. Side). https://hcservices.ecourts.gov.in/hcservices/ 5.On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the

petitioners can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate, Vadipatty, Madurai District, within 15 days from the date of receipt of copy of the order, (i) petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; (ii) petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii) petitioners shall report before the respondent police as and when required.

sd/- 23/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VADIPATTY, MADURAI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSPECTOR OF POLICE, VADIPATTY POLICE STATION, VADIPATTY, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.RAMASAMY Advocate SR.No.55123

ORDER

IN CRL OP(MD) No.18212 of 2016 Date :23/09/2016 SMA/CK/SAR-I/28/09/2016 :2P/6C https://hcservices.ecourts.gov.in/hcservices/